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One Part Of
A Comprehensive Program
Creating an age barrier for purchasing tobacco products is a key way to fight teen tobacco use, but it is simply one part of the prevention portfolio. A wide-ranging and multi-faceted approach is needed to achieve the goal of reducing the health and economic consequences of our tobacco epidemic.
Counter-Marketing Programs
California, Florida, Ohio, Massachusetts and other states have funded highly successful media efforts to counter the billions the tobacco industry spends marketing its deadly products.  In addition, the historic Master Settlement Agreement MSA from the state lawsuits against the tobacco companies established the American Legacy Foundation, a national organization funded with $2.5 billion for use principally in youth counter-marketing. There is clear evidence that these campaigns work. Teen tobacco use dropped dramatically in California and Massachusetts after the implementation of their campaigns and Florida's youth directed counter-marketing effort has triggered reductions as high as 40%.16 Since American Legacy's "Truth" commercials have been appearing nationally, teen smoking has begun to decline throughout the US.17
Tobacco Marketing Restrictions
Unfortunately, tobacco company marketing and advertising efforts have actually increased their youth marketing tactics since the MSA, making counter-marketing even more crucial. In 2005 the tobacco industry spent $13.1 billion in advertising and promotion according to the Federal Trade Commission. This amounts to $36 million a day, or nearly $1,500,000 evert hour, spent to market tobacco products. Tobacco advertising in magazines popular with teens, such as Rolling Stone, People Magazine, Spin Magazine, and Sports Illustrated also increased after the settlement. Finally, advertising and promotions also increased in convenience and other retail stores after a billboard ban mandated by the settlement took effect in April 1999. 18
Localities, state legislatures and the federal government are all examining plans to limit the marketing and advertising efforts of tobacco companies, especially those which target young customers. It is hoped by many that the Federal Government's pending lawsuit against the tobacco manufacturers may result in achieving meaningful marketing restrictions.
Tobacco Taxes
Numerous studies show that increasing cigarette excise taxes is one of the most effective ways to reduce smoking. These studies show that:
- Every 10 percent increase in the price of cigarettes will reduce overall cigarette consumption by three to five percent and reduce teen smoking by about seven percent; and
- If cigarette prices were raised just 10 percent per pack nationwide, it would reduce the number of kids who become regular smokers by more than a million. 19
Tax increases on cigarettes would thereby benefit both the coffers and citizens in each state, helping to balance dangerously stretched state budgets while saving lives and reducing health care costs.
Proposed FDA Authority Over Tobacco
 With its vast scientific knowledge, expertise, and experience, the FDA is the obvious choice as the agency best able to regulate the manufacture and sale of tobacco products. Unfortunately, the Supreme Court declared that the FDA's charter from Congress lacks that authority. Congressional efforts are now underway to give the FDA effective authority and enforcement powers crucial to immediately impact tobacco use among teenage Americans. Weak legislation, however, may be worse than none at all. Regrettably the current bill under consideration contains a little heralded provision that would PROHIBIT THE FDA FROM RAISING THE AGE FOR TOBACCO ACCESS. This further demonstrates big tobacco’s fear of this highly effective strategy in preventing tobacco addcition.
Clean Indoor Air
California has led the way in making sure its citizens are free of tobacco smoke in public places. Now, increasingly popular clean indoor air laws protect more than 60% of US citizens from the discomfort and danger of secondhand smoke. In spite of tobacco-inspired warnings from the hospitality industry, bars and restaurants have not suffered economic penalties by obeying this standard.. One of the most effective ways for an employer to improve the health of employees is to encourage them quit smoking.
The message that second-hand smoke kills also impacts kids. It encourages parents and other potential smokers to avoid smoking around kids and it simultaneously helps to "denormalize" the act of smoking. Teens are much more likely to believe that smoking is an aberrant addiction if they are not constantly presented with groups of adults using tobacco in front of them.
Avoiding the pitfalls
No change is without risk, but there is also serious risk in avoiding novel ideas, especially when the problem remains enormous. Nonetheless, lessons from other states and other issues may help to reduce unintended consequences and exploitation by the tobacco industry.
A Vehicle for Preemption
One of the major concerns for any statewide initiative involving tobacco laws is that it will afford the tobacco industry an opportunity to attach provisions that preempt effective tobacco control at the local level. Local efforts have been shown time and again to be highly effective at building grassroots public support and taking small regional steps to control tobacco use and provide clean indoor air. Most importantly, tobacco industry lobbyists have less effect at the local level, whereas at the state and federal level their money and organization can be formidable.
Some form of preemptive tobacco legislation already exists in the majority of states, so this is a real threat. All model legislation bringing the LMSAT to 21 should include specific anti-preemption language and advocates should be prepared to vigorously oppose any legislation that enables preemption.
Youth Possession: a Dilemma
More than 40 states have laws that prohibit youths under 18 from purchasing or possessing tobacco products. Statistically these laws seem to do nothing to reduce use by youth, but they do subject them to penalties and possibly criminal records. While most people believe that merchants who sell to kids should be held accountable, unfortunately much more often it is the kids themselves who are penalized.
 If the LMSAT is raised to 21, should youth possession laws also increase to age 21? Retailers will certainly vehemently argue "yes". They deem it unfair that youths do not share the burden of reducing access and believe it encourages attempts at illegal sales, putting merchants at greater risk.
Most tobacco control advocates believe that if any penalties are levied against minors, they should be lenient educational requirements or light fines similar to those of a parking or traffic violation. The only benefit to youth sanction is that it tends to discourage public display of smoking that might entice other youths to join or emulate. The risk is that again we blame the victims. Most importantly, criminalizing youthful "sting" participants could jeopardize compliance operations key to enforcement. These young enforcement partners must be granted specific exemption.
Glamorizing Adult Use
One of the biggest concerns about any youth-only campaign, whether it is media oriented or youth access, is that it delivers the message to kids: if you are a (little, bratty) kid, then you shouldn't smoke (but if you want to act like a real adult) light up. The "Tobacco is Whacko" If You're a Teen" campaign promulgated by a cigarette company underscores this theme.
Nonetheless many youth-oriented tobacco campaigns have been successful and avoided this message. Florida's and Legacy's "Truth" campaign is a case in point. Youths themselves must be involved in both initiating the message and enhancing enforcement. Sufficient communication resources must be used to make certain the message of protection is not turned on its head.
Addressing Enforcement
An Important Multiplier
As with any law, compliance increases with increased enforcement and enforcement remains a serious problem for tobacco youth access laws:
- Federally mandated surveillance (Synar) of local enforcement efforts shows that U.S. retailers continue to sell tobacco products to underage buyers on average 10% of the time, but Synar surveys probably dramatically underestimate the actual rate of illegal sales to minors.
- Federally sponsored surveys show 70% of high school students who purchase cigarettes from a tobacco retailer are not asked for proof of age; and
- The U.S. FDA estimates that young people illegally purchase 516 million packs of cigarettes each year. 21
But even though there is a high rate of youths purchasing cigarettes illegally, tougher laws can be enforced. The City of Woodbridge, Illinois is one example where strict enforcement efforts brought underage sale rates below 5% and reduced youth usage. 22 Similarly, stringent enforcement efforts in a controlled study in Minnesota also suggest youth smoking rates can
be influenced by restricting access. .23
A Poison Pill ?
Some tobacco control advocates suggest that age 21 access will fail unless there is included a significant provision for increased enforcement. The data from changing the drinking age speak strongly against that view. Youth usage dropped in spite of poor enforcement, especially among younger teens, and the requirement for daily purchase by most addicted users may enhance the effect of 21 access.
Clearly enforcement is important and any effort to increase retailer compliance by education or compliance checks is worthwhile. However, from a legislative standpoint, if a very strong enforcement bill cannot pass a legislature on its own, inclusion with a tobacco-to-21 law will merely sink both initiatives.
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